senate Bill S6201A

2013-2014 Legislative Session

Relates to liens on self-service storage facilities

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 recommitted to rules
Jun 19, 2014 ordered to third reading cal.1608
committee discharged and committed to rules
Jun 05, 2014 print number 6201a
amend and recommit to judiciary
Jan 08, 2014 referred to judiciary

Votes

view votes

Jun 19, 2014 - Rules committee Vote

S6201A
19
1
committee
19
Aye
1
Nay
3
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S6201 - Details

Current Committee:
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L

S6201 - Summary

Relates to liens on self-service storage facilities.

S6201 - Sponsor Memo

S6201 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6201

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the lien law, in relation to liens on self-service stor-
  age facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 7 of section 182 of the lien law, as added by
chapter 975 of the laws of 1983, is amended to read as follows:
  7. Enforcement of lien. An owner's lien may be enforced by  public  or
private  sale of the goods that have been removed from the storage space
at a self-service storage facility, in block, or in parcel, at any  time
or  place  and on any terms which are commercially reasonable after DUAL
notice to all persons known to claim  an  interest  in  the  goods.  The
[notice]  NOTICES shall include an itemized statement of the amount due,
the description of the property subject to the lien, the nature  of  the
proposed  sale,  a  demand  for payment within a specified time not less
than [ten] THIRTY days from receipt of THE  SECOND  notification  and  a
conspicuous statement that unless the claimant pays within that time the
goods  will be advertised for sale and sold at public or private sale in
a commercially reasonable manner. The  [notice]  NOTICES  shall  further
include  the  time  and place of any public or private sale and it shall
state that any person claiming an interest in the goods is  entitled  to
bring  a proceeding hereunder within [ten] THIRTY days of the service of
the SECOND notice if he disputes the validity of the lien, or the amount
claimed. The [notice] NOTICES shall be personally delivered to the occu-
pant AND TO THE ALTERNATIVE PERSON, or sent by registered  or  certified
mail,  return  receipt  requested,  to  the occupant to the last address
provided by the occupant AND TO THE ALTERNATIVE ADDRESS, pursuant to the
occupancy agreement. THE SECOND NOTICE SHALL BE PERSONALLY DELIVERED  OR
SENT  BETWEEN  FIVE  AND  TEN  DAYS  AFTER  THE  FIRST  NOTICE  HAS BEEN
PERSONALLY DELIVERED OR SENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13207-03-3

S6201A (ACTIVE) - Details

Current Committee:
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L

S6201A (ACTIVE) - Summary

Relates to liens on self-service storage facilities.

S6201A (ACTIVE) - Sponsor Memo

S6201A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6201--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the lien law, in relation to liens on self-service stor-
  age facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 7 of section 182 of the lien law, as  added  by
chapter 975 of the laws of 1983, is amended to read as follows:
  7.  Enforcement  of lien. An owner's lien may be enforced by public or
private sale of the goods that have been removed from the storage  space
at  a self-service storage facility, in block, or in parcel, at any time
or place and on any terms which are commercially reasonable  after  DUAL
notice  to  all  persons  known  to  claim an interest in the goods. The
[notice] NOTICES shall include an itemized statement of the amount  due,
the  description  of the property subject to the lien, the nature of the
proposed sale, a demand for payment within a  specified  time  not  less
than  [ten]  THIRTY  days  from receipt of THE SECOND notification and a
conspicuous statement that unless the claimant pays within that time the
goods will be advertised for sale and sold at public or private sale  in
a  commercially  reasonable  manner.  The [notice] NOTICES shall further
include the time and place of any public or private sale  and  it  shall
state  that  any person claiming an interest in the goods is entitled to
bring a proceeding hereunder within [ten] THIRTY days of the service  of
the SECOND notice if he disputes the validity of the lien, or the amount
claimed. The [notice] NOTICES shall be personally delivered to the occu-
pant  AND  TO THE ALTERNATIVE PERSON, or sent by registered or certified
mail, return receipt requested, to the  occupant  to  the  last  address
provided by the occupant AND TO THE ALTERNATIVE ADDRESS, pursuant to the
occupancy  agreement. THE SECOND NOTICE SHALL BE PERSONALLY DELIVERED OR
SENT BETWEEN  FIVE  AND  TEN  DAYS  AFTER  THE  FIRST  NOTICE  HAS  BEEN
PERSONALLY DELIVERED OR SENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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